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Returns and Warranty (as reported by Dug)

eBuyers’ Terms and Conditions state (as of 12 Aug 2010):

eBuyer Terms and Conditions

6. Defective Goods and Warranty

6.1 All products (excluding Grade A and B used goods) come with a 1 month guarantee as agreed in the relevant product specification on the website. In the case of a fault, Ebuyer will offer to repair, replace or refund the cost of an item within a 1 month period. If a fault occurs outside of this 1 month period, you are required to contact the manufacturer directly.

The Sale of Goods Act 1979 (as amended) says: if goods break within the first six months after purchase then there is a presumption the goods were faulty when sold.

My item was purchased on the 14th June 2010, and on the 11th August 2010, I found it to be faulty. They’re saying they’re refusing the accept it since their terms state they are only responsible for the first month. I’ve contact the manufacturer, they say I have no contract with them, and that I have to pay to return it.

On a related note, be aware of this legislation; a lot of companies don’t like it and refuse to accept it:

Only if it is covered in the contract and the written information can you require the consumer to pay for the cost of returning the ordered goods. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

Actually European Law Says that ALL electrical goods sold as new are automatically entitled to a 2 year warranty:EU directive 1999/44/EC retailers may also be liable for up to six years… so yeah Ebuyer are breaking EU law by only offering customers 1 month warranty… AS a member of the EU this is now law in the UK Consumer experts say retailers are exploiting ambiguous legislation to wriggle out of their responsibilities. Ministers, however, claim the law is quite clear. The Sale of Goods Act offers protection against faulty goods even when the manufacturer’s guarantee has run out. The act says goods must last a reasonable time – and that can be anything up to six years from the date of purchase. I think the law is quite clear on this matter

Which? says, you shouldn’t have to pay a penny, even if the guarantee has expired, if the goods are faulty and less than six years old.

The steps you can take

1. Contact the retailer’s head office: You won’t get any joy from youthful shop staff or call centres. Be firm and explain you think your product hasn’t lasted a reasonable amount time. You want it to be investigated and repaired, or replaced if it turns out to be faulty.

2. Get an independent report: A major retailer is likely to have its own repairs centre or an arrangement with the manufacturer, but this may result in sky-high call out charges. Contact an independent repairer and ask it to produce a report. Most of the independents we contacted charged between £30 and £40 to visit and many would write a short report as part of the cost. You can claim back up to £200 for the costs of the repairer’s bill.

3. Commission a repair: Ask the retailer to repair or replace the goods. If the repair cost is disproportionate the retailer can offer a refund of the original purchase price, though probably not a full refund. If the shop makes life difficult you can ask go to an independent repairer and reclaim the whole cost. Make sure they provide evidence of the fault.

4. Be prepared to battle: The company could refuse to refund the repair cost, leaving you to chase them through the small claims court. A judge can order the retailer to settle the claim – up to £5,000 – and pay legal costs. For information on taking a case to the small claims court, read our guide published last week (guardian.co.uk/money). Consumer Direct is the government’s new online and telephone advice line. Call an adviser on 08454 04 05 06.

The Department of Trade & Industry says the rules are clear and as long as you have evidence of a fault the judge will be sympathetic. But David Oughton, professor of consumer law at De Montfort University in Leicester, says an EU Directive has muddied the waters. “The presumption underlying the new rules is that you have two years to make a case.” He says judges may override the old rules giving protection up to six years.

A spokeswoman for the DTI says: “There is a common misunderstanding that the EU Directive requires a two-year guarantee to be given, but that is not the case. UK law in practice provides better protection for consumers than the two-year minimum required by the EU – consumers are able to pursue relevant claims for up to six years (five in Scotland)

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